Lee v. Lee, 89-2208
| Decision Date | 12 June 1990 |
| Docket Number | No. 89-2208,89-2208 |
| Citation | 563 So.2d 754 |
| Parties | 15 Fla. L. Weekly D1586 Patricia LEE, Appellant, v. Harold LEE, Appellee. |
| Court | Florida District Court of Appeals |
Patricia Lee, in pro per.
Harold Lee, in pro per.
Before BARKDULL, FERGUSON and JORGENSON, JJ.
Appellant contends, as a first issue on appeal, that the trial court should have recused itself on her naked motion suggesting a bias. Her second issue challenges the sufficiency of the former husband's evidence in defense to her motion for contempt for delinquency in making alimony and child-support payments.
We need not labor the first point because the motion for disqualification did not comply with section 38.10, Florida Statutes (1989), which requires an affidavit stating that the movant "fears that he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party." Appellant's motion was not supported by an affidavit.
The second point on appeal asks this court to reweigh the evidence, which is not permitted. Findings of fact by a trial judge in a nonjury proceeding will not be set aside on review unless totally unsupported by competent and substantial evidence. Laufer v. Norma Fashions, Inc., 418 So.2d 437 (Fla. 3d DCA 1982). Here the trial judge, who has seen and heard the parties for four years in dissolution of marriage and post-dissolution proceedings, considered the husband's testimonial and documentary evidence of an inability to strictly comply with the support provisions of the judgment. We cannot hold that the evidence fails to support the trial court's decision to deny the motion for contempt. Whether Mr. Lee was credible is not a determination for this court.
Affirmed.
To continue reading
Request your trial
-
National Constructors, Inc. v. Ellenberg
...593 So.2d 574, 575 (Fla. 3d DCA 1992); Triefler v. Barnett Bank of S. Fla., N.A., 588 So.2d 240 (Fla. 3d DCA 1991); Lee v. Lee, 563 So.2d 754 (Fla. 3d DCA 1990); Malver v. Sheffield Indus., Inc., 502 So.2d 75 (Fla. 3d DCA 1987); S. Kornreich & Sons, Inc. v. Titan Agencies, Inc., 423 So.2d 9......
-
Oldham v. Oldham
...(Fla. 3d DCA 1977), and will not be set aside on review unless totally unsupported by competent and substantial evidence. Lee v. Lee, 563 So.2d 754 (Fla. 3d DCA 1990)(citing Laufer v. Norma Fashions, Inc., 418 So.2d 437 (Fla. 3d DCA Section 61.075(5)(a), Florida Statutes (1993) defines a ma......
- Gonzalez v. Veloso
-
Linardos v. Lilley, 91-0681
...there may be conflicting views presented by the parties, the appellate court is not to reweigh the evidence on appeal. Lee v. Lee, 563 So.2d 754 (Fla. 3d DCA 1990); United States Fidelity & Guaranty Co. v. Darden, 338 So.2d 37 (Fla. 3d DCA 1976). Therefore, if the record supports the conclu......